IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. A. No. 85 of 2005.
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Sadanand Shaw ... ... Appellant
Versus
Renuka Bala Patro and others ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE RAMESH KUMAR MERATHIA
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For the Appellant : M/s. Sachidanand Lal, Rajiv Anand &
Shahid Khan, Advocate
For the Respondent No. 6 : Mr. Manish Kumar, Advocate.
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10. 27.5.2009
. Mr. Manish Kumar, learned counsel appearing on behalf of
respondent no. 6-National Insurance Company Ltd. submitted that as per
the order dated 2.3.2009 of this Court, he has filed affidavit affirming that
the insurance policy annexed as annexure 1 under which the vehicle of
the petitioner was insured is genuine and at the relevant time, the vehicle
in question was insured with the National Insurance Company Ltd.
On this Mr. Lal appearing for the appellant-owner of the vehicle
submitted that the learned court below has passed ex-parte order fixing
50% liability on the owner and 50% on the other Insurance Company i.e.,
Oriental Insurance Company Ltd. He further submitted that the order
was passed without service of notice on the appellant.
Respondent no. 5, Oriental Insurance Company Ltd. has already
appeared in this case through counsel.
In view of the said affidavit filed on behalf of the National
Insurance Company Ltd., in my opinion, in the interest of justice, the
matter requires rehearing by the learned court below.
Accordingly, the impugned order dated 1.3.2000 passed in M. J. C.
Case No. 43 of 1994 is set aside and M. J. C. Case No. 43 of 1994 is
restored to its original file. The appellant, the National Insurance
Company Ltd., The Oriental Insurance Company Ltd. will appear before
the court concerned in M. J. C. Case No. 43 of 1994 on 12th June 2009 on
which date the court will fix date(s) and issue notice to the claimants i.e.,
respondent nos. 1 to 4. After hearing the parties, the case will be
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disposed of expeditiously as it relates to accident which occur in 1993 and
the parties are directed to cooperate in early disposal of the case.
This order is subject to deposit of cost of Rs. 2,000/- by the
appellant in the court below, which the claimants will be entitled to
withdraw.
With these observations and directions, this miscellaneous appeal
is disposed of.
(R. K. Merathia, J)
R. Shekhar Cp.2